Effective as of March 29, 2019.
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE PROCEDURE, JURISDICTION AND VENUE OF DISPUTES.
1. CONTRACTUAL RELATIONSHIP
These Terms and Conditions (together with the FLYJETS Privacy Policy, the "Terms") govern the access or use by you, an individual, from within the United States and its territories and possessions, of applications, websites, content, products, and services from FLY I Corporation, its parents, subsidiaries and affiliates (collectively "FLYJETS"). In this Agreement, the words "including" and "include" mean "including, but not limited to."
Your access and use of the services provided by FLYJETS constitutes your agreement to be bound by these Terms, which establish a contractual relationship between you and FLYJETS. If you do not agree to these Terms, you may not access or use these services. These Terms expressly supersede any prior agreements or arrangements with you. FLYJETS may immediately terminate these Terms or any services offered with respect to you, or generally cease offering or deny access to the services or any portion thereof, at any time, for any reason or no reason.
Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable services. Supplemental terms shall prevail over these Terms in the event of a conflict.
FLYJETS may amend the Terms related to the services from time to time. Amendments will be effective upon posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable service. Your continued access or use of the services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in our Privacy Policy located at http://www.flyjets.com/privacy_policy.
2. SERVICES
By using the FLYJETS services, you are requesting that FLYJETS solicit bids for air transportation
on your behalf from the place of origin to your destination. FLYJETS does not own or operate any aircraft or air charter operators and is not a direct or indirect air carrier. All flight arrangements for any quote request sent using the FLYJETS website or print edition will be contracted directly between you and the independent third-party charter jet operators, managers, owners and/or brokers. FLYJETS the owner and operator of FLYJETS.com, will not be a party to these contracts.
3. AGE RESTRICTIONS
No one under the age of 18 may enter into financial transactions using the FLYJETS application. If you believe that someone under the age of 18 has transacted at www.flyjets.com, please contact us at information@flyjets.com.
4. PASSENGER IDENTIFICATION & DOCUMENTATION
You are responsible for ensuring that you and all passengers who are traveling have the required travel documentation, including passports and visas for each flight. All documents required for international travel must be presented to the flight crew for review before boarding. Each passenger will be required to present government issued photo identification at each departure point in order to satisfy Transportation Security Administration requirements. Minor passengers (under the age of 18) are subject to such rules and conditions as may be established by the party providing the aircraft (the “Aircraft Provider”). If your travel involves international destination, you are solely responsible for procuring all necessary passports, visas and related travel documents.
5. CHARTER SERVICES
Your flight will be operated by a FAA Part 135 compliant air charter company. The air charter pilots shall be in command of the aircraft at all times, shall be entitled to make all decisions regarding the boarding, onboarding or the refusal to allow you or any passenger accompanying you to board. Your agreement with the air charter company shall govern what luggage and baggage is allowed onboard the aircraft.
6. PRICES, PAYMENT TERMS & CANCELLATION POLICY
All prices quoted herein are accurate on the date quoted, are subject to change without notice as per the Aircraft Provider. All quotes are based upon availability of aircraft. Aircraft are not held on quotes. Securement of payment (credit card/wire transfer/bank check) is required prior to flight. Non-payment or non-securement of payment constitutes cancellation of the flight and the cancellation terms indicated below will apply. The amount quoted includes all fees for the itinerary with the possible exception of: Segment Fees, unscheduled overnight fees, de-icing or hangar related expenses due to inclement weather, ground transportation, any special requests, itinerary changes and catering, and any other potential other unforeseen costs. Catering, ground transportation or other non-flight related services arranged by FLYJETS will be billed at cost plus a fee.
Full payment is due at the time of booking.
Flight cancellations will be subject to the rules and standards imposed by individual Aircraft Providers. Fees paid to FLYJETS upon each booking are non-refundable.
7. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE OR ON PENDING RESERVATIONS. IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES THAT OUR WEBSITE, SERVERS OR ANY EMAIL SENT FROM US OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE.
THE CARRIERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON OUR WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FLYJETS. FLYJETS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR OUR SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE OUR WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR SAFETY, SCHEDULE, BAGGAGE, CARGO, BUSINESS AND PERSONAL ACTIVITIES AND FINANCIAL RAMIFICATIONS ASSOCIATED WITH YOUR AIR RESERVATIONS AND TRAVEL ARRANGEMENTS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO TRAVEL AT YOUR OWN RISK.
IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE THE GREATER OF: (a) SERVICE FEES YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S); OR (b) ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN YOUR LOCAL CURRENCY.
8. INDEMNIFICATION, REPRESENTATIONS AND WARRANTIES
You shall indemnify and hold harmless FLYJETS, its affiliates and all of their officers, directors, employees, legal representatives and other agents, successors and assigns (the “FLYJETS Indemnified Parties”) from and against any and all liabilities, losses, damages, penalties, costs and expenses (including reasonable attorneys’ fees and expenses) on account of any claim, suit, action, demand, proceeding or anything of a similar nature made or brought against any of the FLYJETS Indemnified Parties.
9. JURISDICTION & VENUE
This Agreement shall be governed by the laws of the State of New York without regard to its conflicts of laws principles. Each of the parties hereby submits to personal jurisdiction of the State and Federal Courts located in the State of New York, County of New York in connection with any disputes or controversies arising under the Agreement or with the enforcement hereof. Each party hereto submits to the exclusive jurisdiction of the State and Federal courts located in the State of New York, County of New York and each party waives any objection to the venue of such courts.
10. FORCE MAJEURE
The Company shall not be responsible for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including without limitation acts or omissions of government or military authority, acts of God, shortages of materials, transportation delays, fires, floods, labor disturbances, natural disasters, riots or acts of wars.
11. WAIVER
Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of FLYJETS.
12. SEVERABILITY
If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
13. COPYRIGHT AND TRADEMARK; INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATON PROCESS
CONTENT
The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, “Content”) available on the Site or provided from or through the Site, including, without limitation, all Content made available to any widget or other Software (such Content and any other contents of the Site, collectively, “Site Content”) are protected by the Intellectual Property Rights of FLYJETS and its partners, affiliates, and licensors. Unless otherwise noted on the Site, as between you, FLYJETS and its affiliates, all Site Content is owned by FLYJETS and its affiliates. Your access to and use of any Site Content is also subject to any other license or other agreement separate from this Agreement that You may have entered into (or may enter into) with FLYJETS or its affiliates relating to that Site Content (each such license or other agreement, a “Content Agreement”).
Except as expressly set forth in this Agreement or any Content Agreement, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Site Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Site Content without the prior written permission of FLYJETS.
If you would like to use the Site Content in a manner that is not expressly set forth in this Agreement or any other Content Agreement, please send Your request to FLYJETS by emailing FLYJETS at information@flyjets.com.
MARKS
Unless otherwise labeled, all trademarks, tradenames, service marks, logos, banners, and page headers displayed on this Site (collectively, the "Marks") are the property of FLYJETS and its affiliates. Except as expressly set forth in this Agreement, you may not display, link to, or otherwise use the Marks without the prior written permission of FLYJETS.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FLYJETS or its content suppliers and protected by United States copyright laws. The compilation of all content on this site is the exclusive property of FLYJETS and protected by U.S. copyright laws. All software used on this site is the property of FLYJETS or its software suppliers and protected by U.S. copyright laws.
FLYJETS and other FLYJETS graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FLYJETS in the U.S. FLYJETS’ trademarks and trade dress may not be used in connection with any product or service that is not FLYJETS’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FLYJETS. All other trademarks not owned by FLYJETS that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FLYJETS.
We respect the intellectual property (“IP”) rights of others, and we expect users of our Services and Application to do the same. We will respond to notices of alleged IP infringement that comply with applicable law. For example, we respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Copyright Act.
If you believe that your content or information has been copied in a way that constitutes copyright, trademark, and/or patent infringement, please provide us with the following information: (i) a physical or electronic signature of the IP owner or a person authorized to act on their behalf; (ii) identification of the protected work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as the username); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the IP’s owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the IP owner.
We reserve the right to remove any content alleged to be infringing without prior notice and at our sole discretion. All notices of alleged IP infringement appearing on the Application is to be forwarded to:
FLY I Corporation (d/b/a FLYJETS)
Email: information@flyjets.com
14. MISCELLENEOUS
When you visit FLYJETS.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. If you provide an email address to FLYJETS we reserve the right to communicate with you by e-mail. We may also communicate with you by posting notices on FLYJETS. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. FLYJETS is not responsible for verifying the information posted. While FLYJETS will not publish any information known to be false or misleading, it is the responsibility of the Aircraft Providers to provide accurate information. If there are any corrections that need to be made regarding the aircraft that is listed on this web site, the Aircraft Provider will submit those corrections and those corrections will be made as soon as possible.
We will not be liable for any failure to perform any obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. This Agreement is personal to you, and is not assignable, transferable or sub licensable by you except with FLYJETS’ prior written consent. FLYJETS may assign, transfer or delegate any of its rights and obligations hereunder without your approval or consent. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
15. CONTACT
Please contact FLYJETS at FLY@flyjets.com and/or at information@flyjets.com.